[Federal Register: June 10, 2005 (Volume 70, Number 111)]
[Proposed Rules]
[Page 33857-33873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn05-19]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 33857]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 301, 305, 318, and 319
[Docket No. 03-077-1]
Treatments for Fruits and Vegetables
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations to revise the
approved doses for irradiation treatment of imported fruits and
vegetables. This proposal would establish a new minimum generic dose of
irradiation for most arthropod plant pests, establish a new minimum
generic dose for the fruit fly family, reduce the minimum dose of
irradiation for some specific fruit fly species, and add nine pests to
the list of pests for which irradiation is an approved treatment. These
actions would allow the use of irradiation to neutralize more pests and
to neutralize some pests at lower doses. Furthermore, we are proposing
to provide for the irradiation of fruits and vegetables moved
interstate from Hawaii at the pest-specific irradiation doses that are
now approved for imported fruits and vegetables. We are also proposing
to provide for the use of irradiation to treat fruits and vegetables
moved interstate from Puerto Rico and the U.S. Virgin Islands. These
actions would allow irradiation to serve as an alternative to other
approved treatments for additional fruits and vegetables moved
interstate from Hawaii, Puerto Rico, and the U.S. Virgin Islands.
Finally, we are proposing to add irradiation as a treatment for bananas
from Hawaii and to add vapor-heat treatment as an optional treatment
for sweetpotatoes from Hawaii. These actions would provide an
alternative to the currently approved treatments for those commodities
while continuing to provide protection against the spread of plant
pests from Hawaii into the continental United States.
DATES: We will consider all comments that we receive on or before
August 9, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 03-077-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 03-077-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Treatment
Specialist, Phytosanitary Issues Management, PPQ, APHIS, 4700 River
Road Unit 140, Riverdale, MD 20737-1236; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
The phytosanitary treatments regulations contained in 7 CFR part
305 set out standards and schedules for treatments required in 7 CFR
parts 301, 318, and 319 for fruits, vegetables, and articles to prevent
the introduction or dissemination of plant pests or noxious weeds into
or through the United States. Within 7 CFR part 305, the irradiation
treatments subpart (Sec. Sec. 305.31 through 305.34, referred to below
as the regulations) sets out standards and minimum doses for
irradiation treatment for imported fruits and vegetables and for
regulated articles moved interstate from quarantined areas within the
United States, along with other requirements for performing irradiation
treatments.
We are proposing to make several amendments to the irradiation
treatment regulations for imported fruits and vegetables, for fruits
and vegetables moved interstate from Hawaii, Puerto Rico, and the U.S.
Virgin Islands, and for regulated articles moved interstate from areas
quarantined for Mexican fruit fly or Mediterranean fruit fly. We are
also proposing to provide for the use of irradiation treatment for
bananas moved interstate from Hawaii and to provide for the use of a
vapor heat treatment for sweetpotatoes moved interstate from Hawaii.
The changes we are proposing are discussed below by topic.
Irradiation Treatment for Imported Fruits and Vegetables
Generic Minimum Irradiation Dose for Most Arthropod Plant Pests
The Animal and Plant Health Inspection Service (APHIS) published a
notice of policy titled ``The Application of Irradiation to
Phytosanitary Problems'' in the Federal Register on May 15, 1996 (61 FR
24433-24439, Docket No. 95-088-1). In that notice, among other things,
we stated that we may develop minimum irradiation doses that are
generic to a pest group or a commodity. We also stated that APHIS'
Plant Protection and Quarantine (PPQ) program will confer with the U.S.
Department of Agriculture's (USDA) Agricultural Research Service (ARS)
concerning the adequacy of treatment data, research protocols, and
treatment design and that ARS will identify or concur with the minimum
dose for efficacy at the level defined by PPQ as providing quarantine
security for a pest or complex of pests.
Currently, the regulations for irradiation of imported fruits and
vegetables specify minimum doses for 11 fruit flies and the mango seed
weevil. The doses required range from 150 gray
[[Page 33858]]
to 300 gray. The fact that the required irradiation doses are specific
to plant pests rather than the commodities they are associated with
reflects the fact that the effectiveness of irradiation treatment is
dependent entirely on the dose that is absorbed by the commodity.
Specific characteristics of the fruits or vegetables being treated,
which may need to be considered in developing other phytosanitary
treatments, are irrelevant to the effectiveness of irradiation as long
as the required minimum dose is absorbed.
This approach provides importers who must treat fruits and
vegetables for plant pests prior to their entry into the United States
with some flexibility: As long as the only pests for which a commodity
is required by the fruits and vegetables subpart of 7 CFR part 319
(Sec. Sec. 319.56 through 319.56-8) to be treated or be subject to a
systems approach prior to importation into the United States are pests
for which irradiation is an approved treatment, then that commodity may
be imported into the United States after it undergoes irradiation in
accordance with Sec. 305.31, with no need for additional rulemaking.
However, it is not uncommon that multiple plant pests of quarantine
concern are associated with a fruit or vegetable approved for
importation into the United States; irradiation may be currently listed
as an approved treatment for only some of these plant pests. In such
cases, the fruit or vegetable must either undergo a different treatment
capable of neutralizing all the pests or must undergo multiple
treatments to neutralize all of those pests.
A generic minimum irradiation dose that is approved to treat a
group of plant pests would solve this problem by allowing, in many
cases, irradiation to be used as the sole treatment for the pests
associated with a particular fruit or vegetable, as long as it could be
shown that any quarantine pests identified as being associated with the
fruit or vegetable were members of the group of plant pests that were
approved for treatment by the generic minimum irradiation dose. Because
the generic minimum dose would be approved for a group of plant pests,
a pest-specific minimum dose would not have to be approved through the
rulemaking process before irradiation could be used to treat the pest
or pests of concern associated with a commodity. Thus, such a dose
would facilitate international commerce while continuing to provide
phytosanitary protection against the group of plant pests that are
neutralized by the dose.
In consultation with ARS, PPQ has determined that a dose of 400
gray is sufficient to neutralize all arthropod plant pests other than
pupae and adults of the order Lepidoptera, for which we lack sufficient
information to establish a safe generic dose. Therefore, we are
proposing to establish 400 gray as a generic minimum dose for arthropod
plant pests except pupae and adults of the order Lepidoptera.
Irradiation treatment of fruits and vegetables with the proposed
minimum dose of 400 gray would have to be conducted in accordance with
all the current requirements for dosimetry, packaging, and
recordkeeping in Sec. 305.31.
We would not provide for the use of the proposed generic minimum
dose to treat mites, mollusks, nematodes, and plant pathogens, none of
which are arthropod plant pests, because the irradiation doses
necessary to neutralize those plant pests are either not determined or
typically much higher than for arthropod plant pests.
ARS and APHIS will continue to review data relating to recommended
minimum doses for pupae and adults of the order Lepidoptera, and if we
determine that these plant pests can be neutralized with the generic
dose included in this proposal, we will undertake rulemaking to allow
them to be treated with the generic dose. However, as indicated above,
sufficient information to establish a generic dose for pupae and adults
of the order Lepidoptera does not exist at this time.
We believe the proposed generic 400 gray dose for arthropod plant
pests, except pupae and adults of the order Lepidoptera, would be a
conservative requirement given other available evidence on the doses
required to neutralize a wide variety of plant pests. The International
Plant Protection Convention (IPPC) Guidelines for the Use of
Irradiation as a Phytosanitary Measure (ISPM Publication No. 18) lists
recommended minimum dose ranges for 8 types of plant pests, excluding
mites, mollusks, nematodes, plant pathogens, and pupae and adults of
the order Lepidoptera; these recommendations were developed based on
literature reviews by G.J. Hallman \1\ and the research summarized in
the International Atomic Energy Agency's International Database on
Insect Disinfestation and Sterilization.\2\ The proposed 400 gray
minimum dose would be equal to the upper bound of the recommended
minimum dose range for stored product beetles of the family Coleoptera;
it would be at least 100 gray higher than the recommended minimum dose
ranges for all the other pests for which the generic dose would be an
approved treatment. We believe that the proposed generic minimum dose
of 400 gray would neutralize the targeted arthropod plant pests
effectively.
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\1\ See ``Irradiation as a quarantine treatment,'' in Food
Irradiation Principles and Applications, Molins, R.A. (ed.). New
York: J. Wiley & Sons, 2001, p. 113-130, and ``Expanding radiation
quarantine treatments beyond fruit flies,'' Agricultural and Forest
Entomology 2:85-95, 2000.
\2\ Available at http://www-ididas.iaea.org.
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To accomplish this change, we would add an entry for ``Plant pests
of the phylum Arthropoda not listed above, except pupae and adults of
the order Lepidoptera'' to the bottom of the table of approved
irradiation doses in Sec. 305.31(a). Because the heading of that table
presently reads ``Irradiation for Fruit Flies and Seed Weevils in
Imported Fruits and Vegetables,'' we would revise it to read
``Irradiation for Certain Plant Pests in Imported Fruits and
Vegetables.'' We would also revise the section heading of Sec. 305.31
to read ``Irradiation treatment of imported fruits and vegetables for
certain plant pests.''
We would retain the list of pests for which lower doses of
irradiation are an effective treatment in Sec. 305.31(a), so that the
generic minimum dose of 400 gray would exist as an option for treating
any arthropod plant pest, except pupae and adults of the order
Lepidoptera, for which irradiation is not approved as a treatment
elsewhere in Sec. 305.31(a).
The generic minimum dose would be available as an option for
persons wishing to import fruits and vegetables that are affected by
arthropod pests, except pupae and adults of the order Lepidoptera, that
are not listed in the regulations. However, APHIS does not intend to
halt research on the doses necessary to neutralize individual pests for
which the regulations do not currently prescribe a minimum dose. (For
example, in this proposal we are proposing to reduce the minimum doses
required to treat several fruit fly species and proposing to add
minimum doses to treat nine plant pests for which irradiation has not
been approved as a treatment before, as described later in this
document.) If the generic minimum dose of 400 gray for most arthropod
pests that we are proposing is adopted in a final rule, APHIS will
continue to evaluate data on pest irradiation in consultation with ARS
and will, if appropriate, undertake rulemaking to add new minimum doses
for individual pests to the regulations.
Generic Minimum Dose for Fruit Flies and Minimum Dose Reductions for
Individual Fruit Fly Species
Although the generic minimum dose proposed above could be used to
treat
[[Page 33859]]
many arthropod plant pests, it is important that required irradiation
doses for plant pests be set at the lowest effective level. Higher
doses of irradiation treatment cost more to administer, and irradiation
causes many fruits and vegetables to undergo changes in color and
texture that increase at higher doses.
Accordingly, ARS has undertaken research to determine whether fruit
flies currently approved to be treated with irradiation in the
regulations can be neutralized at lower doses than are presently
required in Sec. 305.31(a), and whether species of fruit flies that
are not currently listed in the regulations can be neutralized at a
lower dose than the proposed 400 gray generic minimum dose for
arthropod pests other than pupae and adults of the order Lepidoptera.
This research demonstrated that all fruit flies of the family
Tephritidae would be neutralized by a dose of 150 gray. Therefore, we
are proposing to add the entire family Tephritidae to the list of pests
for which irradiation is an approved treatment, and to set the required
irradiation dose for those fruit flies at 150 gray. This change would
reduce the required dose for the Oriental fruit fly (Bactrocera
dorsalis), for which a 250 gray dose is currently required; the
Mediterranean fruit fly (Ceratitis capitata), for which a 225 gray dose
is currently required; and the melon fly (Bactrocera curcurbitae), for
which a 210 gray dose is currently required. It would also set a dose
for irradiation treatment for any fruit fly not currently listed in
Sec. 305.31(a) that is lower than the proposed generic minimum dose of
400 gray for arthropod pests other than pupae and adults of the order
Lepidoptera.
The research ARS undertook also demonstrated that the proposed 150
gray generic minimum fruit fly dose would be higher than necessary to
neutralize certain fruit flies. Specifically, the research found that
the Mexican fruit fly (Anastrepha ludens) and the Caribbean fruit fly
(Anastrepha suspensa) are neutralized at 70 gray and that the West
Indian fruit fly (Anastrepha obliqua), the sapote fruit fly (Anastrepha
serpentina), the Jarvis fruit fly (Bactrocera jarvisi), and the
Queensland fruit fly (Bactrocera tryoni) are neutralized at 100 gray.
Accordingly, we are proposing to allow those fruit flies to be treated
at those lower doses rather than at the proposed generic fruit fly
minimum of 150 gray.
To accomplish these changes, we would add a new entry to the table
in Sec. 305.31(a) for ``Fruit flies of the family Tephritidae not
listed above'' and set a minimum dose of 150 gray for those fruit
flies. We would also revise the minimum doses approved to treat the
species mentioned above.
Proposed New Doses for Nine Other Plant Pests
ARS research also indicates that irradiation can be used as a
treatment for nine plant pests not currently listed in Sec. 305.31(a).
These pests are listed below, along with the irradiation dose at which
the ARS research indicates they are neutralized:
------------------------------------------------------------------------
Scientific name Common name Dose (gray)
------------------------------------------------------------------------
Brevipalpus chilensis............ False red spider mite... 300
Coccus viridis................... Green scale............. 400
Conotrachelus nenuphar........... Plum curculio........... 92
Croptophlebia ombrodelta......... Litchi fruit moth....... 250
Cryptophlebia illepida........... Koa seedworm............ 250
Cylas formicarius elegantulus.... Sweetpotato weevil...... 165
Cydia pomonella.................. Codling moth............ 200
Grapholita molesta............... Oriental fruit moth..... 200
Rhagoletis pomonella............. Apple maggot............ 60
------------------------------------------------------------------------
We are proposing to add these pests to the table in Sec.
305.31(a), along with the doses of irradiation that are sufficient to
neutralize them. Irradiation treatment for these plant pests would be
conducted in accordance with the other provisions of Sec. 305.31.
Currently, the regulations in Sec. 319.56-2(k) authorize the use
of irradiation as a treatment for imported fruits or vegetables to
neutralize ``one or more of the 11 species of fruit flies and one
species of seed weevil listed in Sec. 305.31(a).'' To reflect the
proposed changes to the pest list in Sec. 305.31(a), we would revise
the quoted text to read ``one or more of the plant pests listed in
Sec. 305.31(a).'' We would make a similar change to the introductory
text of paragraph (a) in Sec. 319.56-2x.
Irradiation Treatment for Fruits and Vegetables Moved Interstate
Pest-Specific Irradiation Doses for Treating Fruits and Vegetables
Moved Interstate
The regulations in 7 CFR part 318 prohibit or restrict the
interstate movement of fruits, vegetables, and certain other articles
from Hawaii, Puerto Rico, the U.S. Virgin Islands, and Guam to prevent
the introduction and dissemination of plant pests into the continental
United States.
The Hawaiian fruits and vegetables regulations (Sec. Sec. 318.13
through 318.13-17) prohibit or restrict the interstate movement of
fruits and vegetables from Hawaii to prevent the introduction and
dissemination of plant pests into the continental United States.
Section 318.13-4f of the Hawaiian fruits and vegetables regulations,
titled ``Administrative instructions prescribing methods for
irradiation treatment of certain fruits and vegetables from Hawaii,''
lists required doses for irradiation treatment for certain fruits and
vegetables and sets out facility approval, packaging, and commodity
movement requirements.
We are proposing to remove the bulk of Sec. 318.13-4f, because
this section is currently duplicated in Sec. 305.34 of the irradiation
treatment regulations. In place of current Sec. 318.13-4f, we would
set out a single paragraph listing the commodities for which
irradiation is an approved treatment and referring the reader to Sec.
305.34 for instructions on how the treatment must be conducted. Because
the section heading of Sec. 318.13-4f currently reads ``Administrative
instructions prescribing methods for irradiation treatment of certain
fruits and vegetables from Hawaii,'' but the methods for irradiation
treatment would only be set out in Sec. 305.34, we would amend the
section heading to read: ``Irradiation treatment of certain fruits and
vegetables from Hawaii.'' (Here and elsewhere, we are proposing to
simplify
[[Page 33860]]
our section titles by removing references to administrative
instructions.)
Because we would remove the substantive treatment provisions from
Sec. 318.13-4f and direct readers to Sec. 305.34, we are also
proposing to update a reference to movement under a limited permit ``if
the provisions of Sec. 318.13-4f are met'' in paragraph (b)(3) of
Sec. 318.13-3 to refer to Sec. 305.34. We would make a similar change
in the definition of compliance agreement in Sec. 318.13-1.
In Sec. 305.34, paragraph (a) lists the Hawaiian commodities for
which irradiation is an approved treatment. Unlike the pest-specific
required doses in Sec. 305.31 of the irradiation treatment regulations
for imported fruits and vegetables, the required doses in Sec. 305.34
are specific to commodities. We have prescribed doses for specific
commodities moved interstate from Hawaii, rather than for specific
plant pests that are present in Hawaii and that must be neutralized to
allow interstate movement, because the minimum doses that we require in
our regulations were based on pest risk analyses that were also
commodity-specific. The approved irradiation doses for certain fruits
and vegetables in the Hawaiian irradiation regulations have been
determined to be capable of neutralizing all the pests that might
otherwise be introduced to nonquarantined areas of the United States
via the interstate movement of these fruits and vegetables.
However, some of the fruits and vegetables for which we receive
requests to allow interstate movement from Hawaii are only associated
with pests listed in Sec. 305.31(a). Those commodities could be
effectively treated according to the pest-specific doses approved for
the treatment of imported fruits and vegetables. Accordingly, we are
proposing to amend Sec. 305.34 to allow Hawaiian fruits and vegetables
to be treated with irradiation for any pests listed in Sec. 305.31(a)
at the pest-specific doses listed there and in accordance with the
other requirements in Sec. 305.34.
As discussed above, as long as the only pests for which a commodity
is required by the fruits and vegetables subpart of 7 CFR part 319 to
be treated or be subject to a systems approach prior to importation
into the United States are pests for which irradiation is an approved
treatment, then that commodity may be imported into the United States
after it undergoes irradiation in accordance with Sec. 305.31, with no
need for additional rulemaking. Similarly, as long as the only pests
for which a commodity is required by the Hawaiian quarantine
regulations to be treated or be subject to a systems approach prior to
interstate movement are pests for which irradiation is an approved
treatment in Sec. 305.31(a), then that commodity would be able to be
moved interstate after it undergoes irradiation for those pests at the
doses listed in Sec. 305.31(a) and in accordance with the other
requirements in Sec. 305.34, with no need for additional rulemaking.
For commodities that are not currently allowed to be moved
interstate under the Hawaiian territorial quarantine regulations, PPQ
would conduct a risk assessment to determine whether irradiation alone
or in combination with other phytosanitary measures can treat all the
quarantine pests that might be associated with its interstate movement
from Hawaii. If it was determined that irradiation would be an
effective treatment for these commodities, they would be added to the
list of commodities for which irradiation is an approved treatment in
Sec. 305.34(a)(1) through notice-and-comment rulemaking. If it was
determined that irradiation in combination with other measures would be
an effective treatment for these commodities, the regulations setting
out the conditions for the importation of such commodities would refer
to the provisions of Sec. 305.34 and, if necessary, the pest-specific
irradiation doses listed in Sec. 305.31(a). (For example, we are
proposing to allow the interstate movement of bananas from Hawaii that
have been inspected for certain pests and treated with irradiation; the
proposed regulations would be added to Sec. 318.13-4i but would refer
to the Hawaiian irradiation regulations in Sec. 305.34 and the pest-
specific irradiation doses in Sec. 305.31(a). This proposed change is
discussed in more detail below.)
To accomplish this change, we would redesignate the current text of
Sec. 305.34(a) as Sec. 305.34(a)(1) and add a new paragraph (a)(2)
that would read: ``Any fruits or vegetables not listed in paragraph
(a)(1) of this section that are required by this subpart to be treated
or subjected to inspection to control one or more of the plant pests
listed in Sec. 305.31(a) of this chapter may instead be treated with
irradiation. Fruits and vegetables treated with irradiation for plant
pests listed in Sec. 305.31(a) must be irradiated at the doses listed
in Sec. 305.31(a), and the irradiation treatment must be conducted in
accordance with the other requirements of Sec. 305.34.'' We would also
add this text to the list of Hawaiian commodities for which irradiation
is an approved treatment in our proposed revision of Sec. 318.13-4f.
This change would also allow Hawaiian fruits and vegetables that
are otherwise eligible for interstate movement to be irradiated for
plant pests at the doses we have proposed to add to the approved
irradiation doses for imported fruits and vegetables in Sec.
305.31(a), including the proposed generic minimum dose of 400 gray for
arthropod plant pests other than pupae and adults of the order
Lepidoptera, the proposed generic dose of 150 gray for all fruit flies,
the proposed lower doses for certain fruit flies, and the proposed new
doses for nine plant pests.
Minimum Dose Reductions for Fruits and Vegetables Moved Interstate From
Hawaii
As previously mentioned, paragraph (a) of Sec. 305.34 lists fruits
and vegetables moved interstate from Hawaii for which irradiation is an
approved treatment. The pests of concern with regard to the interstate
movement of all but two of these fruits and vegetables (the mango and
the sweetpotato) are the Mediterranean fruit fly, the melon fly, and
the Oriental fruit fly, known collectively as the Trifly complex. To
treat the fruits and vegetables affected by the Trifly complex, the
regulations presently require a minimum irradiation dose of 250 gray to
neutralize these pests.
Research conducted by ARS, as discussed under the heading ``Generic
Minimum Dose for Fruit Flies and Minimum Dose Reductions for Individual
Fruit Fly Species'' earlier in this document, has determined that the
three fruit flies of concern for these commodities are neutralized at a
dose of 150 gray.
Therefore, we are proposing to reduce the minimum required dose of
irradiation from 250 gray to 150 gray for the Hawaiian fruits and
vegetables affected by the Trifly complex: Abiu, atemoya, bell pepper,
carambola, eggplant, litchi, longan, papaya, pineapple (other than
smooth Cayenne), rambutan, sapodilla, Italian squash, and tomato. This
action would make our minimum dose requirements for irradiation
treatment of Hawaiian fruits and vegetables moved interstate consistent
with our proposed minimum dose requirements for irradiation treatment
of imported fruits and vegetables.
Irradiation Treatment for Fruits and Vegetables Moved Interstate From
Puerto Rico and the U.S. Virgin Islands
The Puerto Rico and U.S. Virgin Islands fruits and vegetables
regulations (Sec. Sec. 318.58 through 318.58-16) prohibit or restrict
the interstate movement of
[[Page 33861]]
fruits and vegetables from Puerto Rico and the U.S. Virgin Islands to
prevent the introduction and dissemination of plant pests into the
continental United States. Currently, these regulations do not provide
for the use of irradiation as a treatment for fruits and vegetables
moved interstate from these locations. We believe that irradiation for
fruits and vegetables from Puerto Rico and the U.S. Virgin Islands can
serve as an effective alternative treatment to those treatments
currently authorized for fruits and vegetables moved interstate from
Puerto Rico and the U.S. Virgin Islands in part 305 if those fruits and
vegetables are only associated with pests listed in Sec. 305.31(a) as
pests for which irradiation is an approved treatment.
Therefore, we are also proposing to amend Sec. 305.34 to provide
for the use of irradiation as a treatment for fruits and vegetables
moved interstate from Puerto Rico and the U.S. Virgin Islands as well
as from Hawaii. The section heading would be amended to read:
``Irradiation treatment of certain fruits and vegetables from Hawaii,
Puerto Rico, and the U.S. Virgin Islands.'' We would make similar
changes throughout the section. We would retain the information in
Sec. 305.34 that is specific to Hawaiian commodities, such as the list
of Hawaiian commodities for which irradiation is an approved treatment
in proposed Sec. 305.34(a)(1) and the additional requirements for the
issuance of a certificate or limited permit for the interstate movement
of litchi and sweetpotato from Hawaii in Sec. 305.34(b)(7).
We are also proposing to add a new Sec. 318.58-4b, ``Irradiation
treatment of fruits and vegetables from Puerto Rico and the U.S. Virgin
Islands,'' to the Puerto Rico and U.S. Virgin Islands fruits and
vegetables regulations. Because no commodity-specific irradiation
treatment schedules have been developed for fruits and vegetables from
Puerto Rico and the U.S. Virgin Islands, this section would read, in
its entirety, ``Any fruits or vegetables from Puerto Rico or the U.S.
Virgin Islands that are required by this subpart to be treated or
subjected to inspection to control one or more of the plant pests
listed in Sec. 305.31(a) may instead be treated with irradiation.
Fruits and vegetables treated with irradiation for plant pests listed
in Sec. 305.31(a) of this chapter must be irradiated at the doses
listed in Sec. 305.31(a), and the irradiation treatment must be
conducted in accordance with the other requirements of Sec. 305.34.''
Currently, no irradiation facilities exist in Puerto Rico or the
U.S. Virgin Islands, and PPQ has received no requests to approve the
construction of irradiation facilities in either territory. However,
these proposed changes to the regulations in Sec. 305.34 would give
persons moving fruits or vegetables interstate from Puerto Rico or the
U.S. Virgin Islands the option of moving the fruits and vegetables
under limited permit to an irradiation facility in the continental
United States for treatment before the fruits and vegetables enter
interstate commerce. If moved interstate in this manner, fruits and
vegetables from Puerto Rico and the U.S. Virgin Islands would be
treated for plant pests listed in Sec. 305.31(a) in accordance with
the required doses listed there and in accordance with the other
requirements in Sec. 305.34.
As with Hawaiian commodities, as long as the only pests for which a
commodity is required by the Puerto Rico and U.S. Virgin Islands
quarantine regulations to be treated or be subject to a systems
approach prior to interstate movement are pests for which irradiation
is an approved treatment in Sec. 305.31, then that commodity would be
able to be moved interstate after it undergoes irradiation for those
pests at the doses listed in Sec. 305.31(a) and in accordance with the
other requirements in Sec. 305.34, with no need for additional
rulemaking. For commodities that are not currently allowed to be moved
interstate under the Puerto Rico and U.S. Virgin Islands territorial
quarantine regulations, PPQ would conduct a risk assessment to
determine whether irradiation alone or in combination with other
phytosanitary measures can treat all the quarantine pests that might be
associated with its interstate movement from Puerto Rico and the U.S.
Virgin Islands. If it was determined that irradiation would be an
effective treatment for these commodities, they would be approved for
treatment with irradiation through notice-and-comment rulemaking.
Under this proposed rule, fruits and vegetables from Puerto Rico
and the U.S. Virgin Islands that are listed in Sec. 305.31(h)(2)(ii)
and associated with pests for which irradiation is an approved
treatment would be allowed to be irradiated for plant pests at the
doses we have proposed to add to the approved irradiation doses for
imported fruits and vegetables in Sec. 305.31(a), including the
proposed generic minimum dose of 400 gray for arthropod plant pests
other than pupae and adults of the order Lepidoptera, the proposed
generic dose of 150 gray for all fruit flies, the proposed lower doses
for certain fruit flies, and the proposed new doses for nine plant
pests.
In addition, to reflect all of the proposed changes to irradiation
treatment for fruits and vegetables from foreign localities and from
Hawaii, Puerto Rico, and the U.S. Virgin Islands, we would revise
paragraph Sec. 305.2(h)(1), which currently lists the plant pests
associated with imported fruits and vegetables for which irradiation is
an approved treatment, to read: ``Treatment of fruits and vegetables
from foreign localities by irradiation in accordance with Sec. 305.31
may be substituted for other approved treatments for any of the pests
listed in Sec. 305.31(a). Treatment of fruits and vegetables from
Hawaii, Puerto Rico, and the U.S. Virgin Islands by irradiation at the
minimum doses listed in Sec. 305.31(a) and in accordance with Sec.
305.34 may be substituted for other approved treatments for any of the
pests listed in Sec. 305.31(a).''
Irradiation Treatment for Regulated Articles Moved Interstate From
Areas Quarantined for Mexican Fruit Fly and Mediterranean Fruit Fly
The Mexican fruit fly regulations contained in Sec. Sec. 301.64
through 301.64-10 restrict the interstate movement of regulated
articles from quarantined areas to prevent the spread of Mexican fruit
fly (Anastrepha ludens) to noninfested areas of the United States.
Similarly, the Mediterranean fruit fly regulations contained in
Sec. Sec. 301.78 through 301.78-10 restrict the interstate movement of
regulated articles from quarantined areas to prevent the spread of
Mediterranean fruit fly (Ceratitis capitata) to noninfested areas of
the United States.
Within the Mexican fruit fly regulations and the Mediterranean
fruit fly regulations, paragraphs Sec. Sec. 301.64-10(g) and 301.78-
10(c), respectively, set out the conditions under which certain
regulated articles may be treated with irradiation in order to prevent
the spread of those fruit flies via the interstate movement of those
regulated articles. We are proposing to remove the bulk of these
paragraphs because their provisions are currently duplicated in part
305; Sec. 305.32 duplicates the irradiation provisions relating to the
Mexican fruit fly, while Sec. 305.33 duplicates the irradiation
provisions relating to the Mediterranean fruit fly. In place of the
detailed provisions currently contained in paragraphs Sec. Sec.
301.64-10(g) and 301.78-10(c), we would indicate that regulated
articles may be treated with irradiation in accordance with the
provisions of 7 CFR part 305.
In Sec. 305.32, the required dose for Mexican fruit fly is 150
gray; in
[[Page 33862]]
Sec. 305.33, the required dose for Mediterranean fruit fly is 225
gray. Research conducted by ARS, as discussed under the heading
``Generic Minimum Dose for Fruit Flies and Minimum Dose Reductions for
Individual Fruit Fly Species'' earlier in this document, has determined
that the Mexican fruit fly is neutralized at a dose of 70 gray, while
the Mediterranean fruit fly is part of the family of fruit flies that
are neutralized at a dose of 150 gray. Therefore, we are proposing to
update the dose requirements for those fruit flies in Sec. 305.31(a).
In order to make the Mexican fruit fly and Mediterranean fruit fly
irradiation treatment regulations consistent with the other changes
proposed in this document, we are proposing to remove references to
specific required doses from Sec. Sec. 305.32 and 305.33 and instead
refer to the doses listed in Sec. 305.31(a). For example, the
requirement in paragraph Sec. 305.32(d) that fruits and vegetables
treated with irradiation for Mexican fruit fly must receive a minimum
absorbed ionizing radiation dose of 150 gray (15 krad) would be
replaced with a requirement that such fruits and vegetables must
receive the approved dose for Mexican fruit fly listed in Sec.
305.31(a). This change would make the required irradiation doses for
regulated articles moved interstate from areas quarantined for Mexican
fruit fly and Mediterranean fruit fly consistent with the proposed
irradiation doses for those fruit flies with regard to fruits and
vegetables that are imported or moved interstate from Hawaii, Puerto
Rico, or the U.S. Virgin Islands.
Irradiation and Inspection for Bananas Moved Interstate From Hawaii
The regulations in Sec. 318.13-4i allow green bananas of the
cultivars ``Williams,'' ``Valery,'' ``Grand Nain,'' and standard and
dwarf ``Brazilian'' may be moved interstate from Hawaii under a systems
approach. A systems approach is a combination of overlapping
phytosanitary measures that provide quarantine security against plant
pests.
We are proposing to add two combinations of irradiation and
inspection as treatments for bananas from Hawaii. Specifically,
bananas, regardless of cultivar or ripeness, from Hawaii would be
eligible for interstate movement if they have been inspected in Hawaii
for the banana moth, Opogona sacchari (Bojen), and have undergone
irradiation treatment with a minimum dose of 400 gray at an approved
facility. Bananas from Hawaii would also be eligible for interstate
movement if they have been inspected in Hawaii for the banana moth and
the green scale, Coccus viridis (Green), and have undergone irradiation
treatment with a minimum dose of 150 gray at an approved facility. We
believe either of these measures, which are discussed in detail in the
following paragraphs, would provide the necessary phytosanitary
protection to prevent the introduction and dissemination of plant pests
into the continental United States.
A 1998 report completed by APHIS on the inspection requirements for
green bananas from Hawaii identified five pests of concern that could
be spread from Hawaii to the rest of the United States by the
interstate movement of bananas. These pests are: The banana moth, the
green scale, the Mediterranean fruit fly, the melon fly, and the
Oriental fruit fly. Copies of this report may be requested from the
person listed under FOR FURTHER INFORMATION CONTACT.
Of the five pests identified in the report, we believe the green
scale and the banana moth can be detected by visual inspection. The
green scale is a surface pest, which means that any infestations of
green scale on bananas are readily apparent. Although the banana moth
is an internal pest, we believe that it can also be detected by visual
inspection; bananas infested with banana moth show numerous external
signs of infestation, such as holes in the skin and deformed nipples.
For both of these pests, we believe that visual inspection can
effectively mitigate the risk of their introduction into other areas in
the United States via the interstate movement of bananas from Hawaii.
The Mediterranean fruit fly, the melon fruit fly, and the Oriental
fruit fly infest bananas only where injury or some fault has exposed
the flesh of the fruit. For the fruit flies, visual inspections would
not be an effective means of interception; they must be neutralized by
treatment.
As discussed above under the heading ``Generic Minimum Dose for
Fruit Flies and Minimum Dose Reductions for Individual Fruit Fly
Species,'' ARS research indicates that the fruit flies of concern are
neutralized at a dose of 150 gray. As discussed above under the heading
``Proposed New Doses for Nine Other Plant Pests,'' ARS research
indicates that the green scale is neutralized at a dose of 400 gray.
However, we currently lack information on what irradiation dose would
be necessary to neutralize the banana moth.
Therefore, we are proposing to provide two options for the
irradiation treatment of bananas from Hawaii: The bananas could either
be irradiated at 150 gray, a dose sufficient to neutralize the fruit
flies associated with bananas from Hawaii, and inspected for the green
scale and the banana moth, or the bananas could be irradiated at 400
gray, a dose sufficient to neutralize both the fruit flies and the
green scale, and inspected for the banana moth.
We expect that the combinations of treatment with irradiation and
inspection would be effective alternatives to the current systems
approach for green bananas of certain cultivars. Furthermore, treatment
with irradiation would allow bananas of any ripeness or cultivar to be
moved interstate from Hawaii; the current regulations, as noted above,
only allow certain cultivars of green bananas to be moved interstate
under the systems approach described in Sec. 318.13-4i.
To accomplish this change, we would amend Sec. 318.13-4i, which
currently describes the systems approach under which green bananas of
certain cultivars may currently be imported into the United States.
Specifically, we would add a new paragraph indicating that bananas from
Hawaii would be eligible to move interstate if they were irradiated at
the doses listed in Sec. 305.31(a) and in accordance with the other
requirements in Sec. 305.34 for the fruit flies and the green scale
and inspected for the banana moth or if they were irradiated for the
fruit flies and inspected for the green scale and the banana moth. We
would amend the section heading of Sec. 318.13-4i to reflect the fact
that it would no longer concern only green bananas.
We would also indicate in paragraph Sec. 318.13-4i(b) that, to be
eligible for a certificate for interstate movement, the bananas would
have to be treated and inspected in Hawaii. (For litchi and
sweetpotato, the two commodities for which inspection is required for
certification in Sec. 305.34(b)(7)(i), the regulations require that
the inspection be conducted before the treatment is performed. Hawaiian
producers have requested that we allow the bananas to be inspected
after irradiation treatment; therefore, we have proposed to allow
inspection to be conducted before or after irradiation treatment. If
bananas from Hawaii were inspected for the banana moth after undergoing
irradiation treatment in Hawaii and found to be infested with the
banana moth or the green scale, the bananas would not be eligible for
interstate movement. In such a case, the cost of performing the
treatment would be borne by the grower, as it normally is.)
In addition, to be eligible for a limited permit for the interstate
movement of
[[Page 33863]]
untreated bananas from Hawaii for treatment on the mainland United
States, bananas from Hawaii would have to be inspected for the relevant
pests in Hawaii.
Finally, we would add a sentence to Sec. 318.13-3(b)(3) indicating
that untreated bananas from Hawaii may be moved interstate for
irradiation treatment on the mainland United States if the provisions
of Sec. 318.13-4i(b) are met and if the bananas are accompanied by a
limited permit issued by an inspector in accordance with Sec. 318.13-
4(c).
Vapor Heat Treatment for Sweetpotatoes Moved Interstate From Hawaii
Within part 318, ``Subpart--Sweetpotatoes'' (Sec. Sec. 318.30 and
318.30a) quarantines Hawaii, Puerto Rico, and the U.S. Virgin Islands
because of the sweetpotato scarabee (Euscepes postfasciatus Fairm.
[Coleoptera: Cucurlionidae], also known as the West Indian sweetpotato
weevil) and the sweetpotato stem borer (Omphisa anastomosalis Guen.
[Lepidoptera: Crambidae], also known as the sweetpotato vine borer) and
restricts the interstate movement of sweetpotatoes (Ipomoea batatas
Poir.) from those places.
Paragraph (c) of Sec. 318.30 allows sweetpotatoes to be moved
interstate from Hawaii only if they have been subjected to fumigation
with methyl bromide or irradiated in accordance with Sec. 318.13-4f or
if they are being moved by the USDA for scientific or experimental
purposes. We are proposing to add a vapor heat treatment, combined with
tuber cutting and inspection, for sweetpotatoes moved interstate from
Hawaii as an alternative to fumigation with methyl bromide and
irradiation.
A pest risk assessment completed by APHIS in 2002 and updated in
May 2003 identified five pests of concern that could be spread from
Hawaii to the rest of the United States by the interstate movement of
sweetpotatoes: The two pests already named in the regulations, the
sweetpotato scarabee and the sweetpotato stem borer; the gray pineapple
mealybug, Dysmicoccus neobrevipes (Homoptera: Pseudococcidae); the
ginger weevil, Elytrotreinus subtruncatus (Coleoptera: Cucurlionidae);
and the Kona coffee root-knot nematode, Meloidogyne konaensis
(Tylenchida: Heteroderidae). Copies of this risk assessment may be
requested from the person listed under FOR FURTHER INFORMATION CONTACT.
Two of these pests, the gray pineapple mealybug and the Kona coffee
root-knot nematode, are external pests. We believe they can be
effectively detected by visual inspection, and we would require such
visual inspection as a condition of the interstate movement of
sweetpotato from Hawaii. This is consistent with the recommendations of
the pest risk assessment.
The other three pests, the ginger weevil, the sweetpotato scarabee,
and the sweetpotato stem borer, are internal pests, meaning that visual
inspection would not be an effective means to intercept them; thus,
they must be neutralized by treatment. We believe that the vapor heat
treatment we are proposing to allow, combined with the tuber cutting
and visual inspection that we would require, would be an effective
alternative to the methyl bromide and irradiation treatments currently
prescribed by the regulations to control these pests.
The vapor heat treatment would be required to be performed
according to the following schedule:
Temperature probes would have to be placed in the
approximate centers of individual sweetpotato roots.
The air surrounding the sweetpotato roots would have to be
heated. After the temperature of the air surrounding the sweetpotato
roots reaches 87.8 [deg]F (31 [deg]C), its temperature would have to be
incrementally raised from 87.8 [deg]F (31 [deg]C) to 111.2 [deg]F (44
[deg]C) over a period of 240 minutes.
Using saturated water vapor at 118.4 [deg]F (48 [deg]C),
the core temperature of the individual sweetpotato roots would then
have to be raised to 116.6 [deg]F (47 [deg]C).
After the core temperature of the sweetpotato roots
reaches 116.6 [deg]F (47 [deg]C), the core temperature would have to be
held at 116.6 [deg]F (47 [deg]C) or higher for 190 minutes.
This vapor heat treatment was developed in Japan to treat
sweetpotatoes moved from Okinawa to mainland Japan for the West Indian
sweetpotato weevil, the sweetpotato vine borer, and the sweetpotato
weevil (Cylas formicarius elegantulus). A review by ARS has confirmed
that this treatment is effective at neutralizing the West Indian
sweetpotato weevil and the sweetpotato vine borer.
There is no research available at this time on the use of this
vapor heat treatment to neutralize the ginger weevil, which was named
as a pest of concern in APHIS' pest risk assessment. Although the
sweetpotato is not a known host of the ginger weevil, it may move with
sweetpotatoes as a hitchhiker. However, vapor heat treatment has been
used effectively in Japan against other weevils, such as the
sweetpotato weevil mentioned above. Additionally, no live pests have
ever been found in sweetpotatoes treated according to this vapor heat
treatment schedule. For these reasons, we believe that this vapor heat
treatment would be effective against the ginger weevil. However, as an
additional phytosanitary precaution, we are proposing to require that
sweetpotatoes treated according to this vapor heat treatment schedule
be sampled, cut, and inspected and found to be free of the ginger
weevil before the sweetpotatoes would be allowed to move from the
treatment facility to their destination. The sampling, cutting, and
inspection for the ginger weevil would not have to be performed at the
same time as the inspection for the gray pineapple mealybug and the
Kona coffee root-knot nematode, although both inspections would be
required to be conducted prior to treatment. However, the sampling,
cutting, and inspection for ginger weevil would have to be performed
under conditions that would prevent any pests that may emerge from the
sampled sweetpotatoes from infesting any other sweetpotatoes intended
for interstate movement in accordance with these proposed requirements.
Sweetpotatoes treated according to these requirements would also
have to be packaged according to certain requirements including fruit
fly-proof cartons, wrapping of entire pallet loads, and identification
requirements. Untreated sweetpotatoes moved interstate to the mainland
United States for treatment would be required to be shipped in sealed
shipping containers. These proposed requirements would ensure that
quarantine pests would be prevented from infesting shipments of treated
sweetpotatoes and that any quarantine pests that may be present in
untreated sweetpotatoes do not enter the environment. The proposed
requirements are identical to the packaging requirements in Sec.
305.34 for sweetpotatoes treated using irradiation and moved interstate
from Hawaii.
We would allow this treatment to be administered either in Hawaii
or at an approved treatment facility in the mainland United States. If
the sweetpotatoes were treated in Hawaii, they would move from Hawaii
under a certificate for interstate movement; if they were treated in
the mainland United States, they would move from Hawaii under limited
permit, and they would have to be inspected for the gray pineapple
mealybug and the Kona coffee root-knot nematode and sampled, cut, and
inspected for ginger weevil prior to interstate movement from Hawaii.
[[Page 33864]]
To accomplish this change, we would add a new paragraph (k) to the
vapor heat treatment regulations in Sec. 305.24 that would set out the
vapor heat treatment schedule for sweetpotatoes moved interstate from
Hawaii. We would also add a new section Sec. 318.13-4d to the Hawaiian
quarantine regulations to set out the additional conditions that must
be fulfilled in order to allow the interstate movement of sweetpotatoes
from Hawaii that are treated in accordance with proposed Sec.
305.24(k). Finally, we would add a new paragraph (b)(4) to Sec.
318.13-3, which currently sets out conditions of movement for regulated
articles moved interstate from Hawaii, that would indicate that
sweetpotatoes could be moved under a limited permit for treatment at an
approved treatment facility in the continental United States if they
have been prepared in accordance with the conditions of the Hawaiian
quarantine regulations.
Removal of the Subpart for Sweetpotatoes and Dispersal of Its
Provisions
As mentioned earlier in this document, within part 318, ``Subpart--
Sweetpotatoes'' (Sec. Sec. 318.30 and 318.30a) quarantines Hawaii,
Puerto Rico, and the U.S. Virgin Islands because of the sweetpotato
scarabee and the sweetpotato stem borer and restricts the interstate
movement of sweetpotatoes from those places.
Section 318.30 prohibits the interstate movement of sweetpotatoes
from Hawaii unless the sweetpotatoes are fumigated with methyl bromide
or irradiated and prohibits the interstate movement of sweetpotatoes
from Puerto Rico and the U.S. Virgin Islands unless they are fumigated
with methyl bromide. Section 318.30a sets out a systems approach using
inspection, washing, grading, and application of insecticide under
which sweetpotatoes may be moved interstate from Puerto Rico to certain
locations in the mainland United States.
With the exception of sweetpotatoes, cotton, cottonseed, and
cottonseed products, and soil, the regulations in part 318 are
organized first by locality and then by commodity; e.g., if a person
wishes to move tomatoes interstate from Puerto Rico, that person would
look in the Puerto Rico and U.S. Virgin Islands quarantine regulations
to determine whether tomatoes from Puerto Rico could be moved
interstate and, if so, under what conditions they would be allowed to
move. We believe that this organization reflects how regulated parties
use the Code of Federal Regulations, as persons who wish to move a
commodity interstate typically are seeking to move that commodity
interstate from a specific location. Therefore, we are proposing to
remove ``Subpart--Sweetpotatoes'' from part 318 and to disperse its
provisions to the Hawaiian quarantine regulations and the Puerto Rico
and U.S. Virgin Islands quarantine regulations.
Because the sweetpotatoes subpart has set out restrictions on the
interstate movement of sweetpotatoes from Hawaii and from Puerto Rico
and the U.S. Virgin Islands, sweetpotatoes are not listed as regulated
articles in either the list of regulated articles from Hawaii in Sec.
318.13-2(b) or the list of regulated articles from Puerto Rico and the
U.S. Virgin Islands in Sec. 318.58-2(b). Accordingly, we would add an
entry for sweetpotatoes to each of those lists.
In the Hawaiian quarantine regulations, Sec. 318.13-4b authorizes
the interstate movement of any fruit listed in paragraph (b) of that
section if that fruit is inspected by an inspector and treated for
fruit flies in accordance with 7 CFR part 305. The treatment
requirements and schedule for fumigating sweetpotatoes with methyl
bromide are found in 7 CFR part 305. Accordingly, we are proposing to
amend the references to ``eligible fruits'' in that paragraph to read
``eligible fruits and vegetables,'' to amend the reference to ``fruit
flies'' to read ``plant pests,'' and to add sweetpotatoes to the list
of commodities authorized to move interstate in that paragraph. The
other treatment available for Hawaiian sweetpotatoes, irradiation, is
already authorized in the Hawaiian quarantine regulations at Sec.
318.13-4f. (As described earlier in this document, we are proposing to
replace the requirements currently in Sec. 318.13-4f with a list of
Hawaiian commodities for which irradiation is an approved treatment. In
addition, we are proposing to add a new treatment schedule and a new
section Sec. 318.13-4d to authorize vapor heat treatment as a
treatment for sweetpotatoes moved interstate from Hawaii. Neither of
these changes would be complicated by our removal of the sweetpotatoes
subpart.)
In the Puerto Rico and U.S. Virgin Islands quarantine regulations,
Sec. 318.58-4 allows an inspector to issue a certificate for
interstate movement for regulated fruits and vegetables after
undergoing an approved treatment from 7 CFR part 305 and if the
articles are handled after treatment in accordance with all conditions
that the inspector requires. Since fumigation with methyl bromide is
already listed in 7 CFR part 305 as an approved treatment for
sweetpotatoes from Puerto Rico and the U.S. Virgin Islands and the
schedule and conditions of the treatment are also already set out in 7
CFR part 305, there is no need to modify the Puerto Rico and U.S.
Virgin Islands quarantine regulations to accommodate the removal of
Sec. 318.30.
However, Sec. 318.30a, as discussed above, sets out a systems
approach using inspection, washing and grading, and application of
insecticide under which sweetpotatoes may be moved interstate from
Puerto Rico. To preserve this option for persons who wish to move
sweetpotatoes interstate from Puerto Rico, we would establish a new
section Sec. 318.58-4c with the same requirements as Sec. 318.30a. In
transferring this section to the Puerto Rico and U.S. Virgin Islands
quarantine regulations, however, we would update the language in Sec.
318.30a and reorganize some of its requirements to make it easier to
understand.
We would also make several other editorial changes in the Hawaiian
quarantine regulations and the Puerto Rico and U.S. Virgin Islands
quarantine regulations to reflect the removal of the sweetpotatoes
subpart.
Definition of Inspector
We are also proposing to amend the definitions of inspector in the
Hawaiian quarantine regulations and the Puerto Rico and U.S. Virgin
Islands quarantine regulations to reflect the fact that some inspection
responsibilities have been transferred to the Department of Homeland
Security's Bureau of Customs and Border Protection.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
This proposed rule would make several amendments to the current
provisions for the use of irradiation as a treatment for various plant
pests, allow the use of irradiation and inspection as a treatment for
bananas moved interstate from Hawaii as an alternative to the systems
approach currently described in the regulations, and allow the use of a
vapor heat treatment for sweetpotatoes moved interstate from Hawaii as
an alternative to fumigation with methyl bromide and irradiation. The
potential economic impacts of the proposed changes are discussed below.
[[Page 33865]]
Irradiation Treatment for Fruits and Vegetables
The regulations in Sec. 305.31 set out standards, minimum doses,
and other requirements for performing irradiation treatments on
imported fruits and vegetables and set out minimum doses necessary to
neutralize 11 fruit flies and the mango seed weevil. This proposed rule
would add minimum doses for more pests and lower the minimum doses for
others. Specifically, this proposal would establish:
A minimum generic dose of 400 Gy for all arthropod plant
pests other than pupae and adults of the order Lepidoptera;
A minimum generic dose of 150 Gy for all fruit flies of
the family Tephriditae;
Lower minimum doses for certain fruit flies; and
New approved minimum doses for nine plant pests.
This proposed rule would also allow irradiation to serve as an
alternative to other approved treatments for additional fruits and
vegetables moved interstate from Hawaii, Puerto Rico, and the U.S.
Virgin Islands. Fruits and vegetables from Hawaii, Puerto Rico, and the
U.S. Virgin Islands that are required to be treated by other means for
pests listed in Sec. 305.31(a) prior to interstate movement would be
allowed to be moved interstate if they are treated with irradiation at
the doses listed in Sec. 305.31(a) and in accordance with the other
conditions specified in Sec. 305.34.
At present, Sec. 305.34 only provides for irradiation treatment of
fruits and vegetables from Hawaii; however, we have determined that
irradiation treatment can be used effectively for commodities from
Puerto Rico and the U.S. Virgin Islands if the safeguards in Sec.
305.34 are implemented. Currently, no irradiation facilities exist in
Puerto Rico and the U.S. Virgin Islands, and no requests have been
received to approve the construction of such facilities. However, the
proposed rule would provide for the option of moving the commodities
under limited permit to an irradiation facility on the U.S. mainland
for treatment prior to entering interstate commerce.
Impact on Small Entities of Proposed Changes in Irradiation Treatment
of Fruits and Vegetables
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their regulations on small entities.
The Small Business Administration (SBA) has established size criteria
using the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
Irradiation facilities affected by the proposed rule change would
belong to one of the following two NAICS categories: (1) Firms
providing irradiation services for the treatment of fruits and
vegetables, which would fall within NAICS category 115114,
``Postharvest Crop Activities (except Cotton Ginning)''; or (2) firms
providing irradiation services for decontamination or sterilization
purposes, which would fall within NAICS category 811219, which includes
``Medical and surgical equipment repair and maintenance services.''
Most treatments of Hawaiian produce are likely to occur at an
existing irradiation facility on the island of Hawaii. This facility is
used to treat other fruits and vegetables for which irradiation is an
approved treatment and can be classified under NAICS category 115114,
``Postharvest Crop Activities (except Cotton Ginning).'' The SBA
criteria classify this facility as a small entity, since its annual
sales are less than $6 million.
Another firm on the U.S. mainland operates two facilities in
Illinois and one facility in New Jersey. Its primary service is to
provide irradiation treatment for the sanitation of medical devices on
contract. This firm is classified within NAICS category 811219, which
includes ``Medical and surgical equipment repair and maintenance
services.'' However, since it is part of a larger corporation for which
annual receipts may exceed $6 million, this firm is not classified as a
small entity under the SBA criteria. Thus, at least one firm that could
be affected by the proposed changes is a small entity.
However, irradiation facilities, whether large or small, would
benefit from the proposed changes. The range of commodities imported
and moved interstate for which irradiation would be an approved
treatment would increase. At the same time, dosage levels, and
therefore operating costs, would decrease for many commodities. The
proposed changes to irradiation doses and proposed provisions allowing
the use of pest-specific doses to treat commodities for interstate
movement would facilitate the importation of fruits and vegetables and
their interstate movement from Hawaii, Puerto Rico, and the U.S. Virgin
Islands. For certain pests for which irradiation is already an approved
treatment, required irradiation dosages would be lowered to the minimum
level necessary. In other instances, irradiation would be newly allowed
as an alternative phytosanitary treatment.
The proposed changes would result in lower costs and increased
flexibility for importers, gains that could be expected to be at least
partly realized by U.S. consumers through lower prices, assuming
competitive markets. For some commodities, irradiation may also provide
quality advantages over other treatment methods in terms of increased
shelf life. Choice of irradiation as a treatment alternative would rest
upon its expected net returns relative to other treatment methods.
Because these proposed changes would have the potential to affect
the importation or interstate movement of a wide range of commodities,
it is difficult to predict exactly what economic effects the proposed
changes would have. APHIS welcomes public comment on the possible
impacts of these proposed changes. However, while affected irradiation
firms, large and small, would be expected to benefit, we do not expect
the impacts to be significant.
Irradiation and Inspection for Bananas Moved Interstate From Hawaii
The regulations in Sec. 318.13-4i currently provide that green
bananas (Musa spp.) of the cultivars ``Williams'', ``Valery'', ``Grand
Nain'', and standard dwarf ``Brazilian'' may be moved interstate from
Hawaii under a systems approach. At this time, only green bananas of
these specified cultivars may be moved.
We are proposing to add two combinations of irradiation and
inspection as treatments for bananas from Hawaii. Specifically,
bananas, regardless of cultivar or ripeness, from Hawaii would be
eligible for interstate movement if they have been inspected in Hawaii
for the banana moth, Opogona sacchari (Bojen), and have undergone
irradiation treatment with a minimum dose of 400 gray at an approved
facility. Bananas from Hawaii would also be eligible for interstate
movement if they have been inspected in Hawaii for the banana moth and
the green scale, Coccus viridis (Green), and have undergone irradiation
treatment with a minimum dose of 150 gray at an approved facility.
Cost of Irradiation Treatment
The cost of irradiation is estimated at 15 cents per pound.\3\ We
expect that most bananas moved interstate from Hawaii under this
proposed approach would be treated at the existing commercial
irradiation facility on the
[[Page 33866]]
island of Hawaii. However, the proposed treatment could be performed at
the irradiation facilities on the mainland United States as well.
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\3\ Source: Hawaii Department of Agriculture.
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Cost of APHIS Inspection
Monitoring of quarantine treatments conducted during standard
business hours (weekdays between 8 a.m. and 4:30 p.m.) on the island of
Hawaii comes at no cost to the facility. APHIS charges for the
monitoring of treatments conducted before 8 a.m. and after 4:30 p.m.
and on weekends at a time-and-a-half rate.
Benefits
The proposed combination of irradiation treatment and inspection
would offer an alternative to the current systems approach for green
fruit of the specified four banana cultivars, and would allow fruit of
any ripeness or cultivar to be moved interstate from Hawaii. The
approach described in this proposal can be used to mitigate the pest
risk associated with all Hawaiian bananas, regardless of cultivar or
ripeness. This would allow banana producers and parties moving bananas
interstate greater flexibility in operations, more choices with regard
to the types of bananas moved interstate, a greater volume of bananas
to ship, and less risk of facing rejections during inspection under the
current systems approach and Banana Compliance Agreement.
Growers have been reluctant to ship bananas to U.S. mainland
markets under the current regulations because Sec. 318.13-4i(c) of the
regulations requires that bananas to be moved interstate be inspected
by an inspector and found free of the following defects: Prematurely
ripe fingers, fused fingers, or exposed flesh (not including fresh cuts
made during the packing process). Bananas moved interstate from Hawaii
under this systems approach are required to be free of these defects
because they are conducive to fruit fly infestation. However, growers
are concerned about the risk of having whole shipments of fruit
prohibited from interstate movement as a result of a single fault
detected when bananas in a random selection of boxes are inspected. No
commercial container shipments of bananas have been made to U.S.
mainland markets under the current regulations. Since the combinations
of irradiation and inspection that would be required by this proposed
rule are sufficient to neutralize fruit flies and other pests of
concern, the combination of irradiation and inspection described in
this proposed rule would provide the Hawaiian banana industry with an
alternative treatment for interstate movement and could open new trade
opportunities.
U.S. consumers would benefit from an increased supply of bananas.
Growers in Hawaii believe that the U.S. mainland demand for bananas
from Hawaii may be equivalent to (if not higher than) the existing
demand for Hawaiian papaya. Hawaiian growers moved approximately 12
million pounds of papayas to U.S. mainland markets in 2003.\4\ Demand
may be especially high for the apple banana variety, which has a higher
sugar content and more aromatic flavor than the standard commercial
banana varieties currently available in U.S. mainland markets.
Consumers would benefit from the availability of this specialty
product.
---------------------------------------------------------------------------
\4\ Source: Hawaii Department of Agriculture.
---------------------------------------------------------------------------
Hawaii accounts for almost all U.S. banana production.\5\ In 2002,
there were 677 banana farms in Hawaii,\6\ and the value of sales
amounted to $ 8.6 million.\7\ Table 1 summarizes production information
for bananas and papayas in Hawaii. The utilized production of bananas
amounted to 19.5 million pounds in 2002.
---------------------------------------------------------------------------
\5\ The Census of Agriculture (2002) reports minimal acreage in
California, Florida, and Texas, which together account for only 131
acres.
\6\ National Agricultural Statistics Service, 2002 Census of
Agriculture.
\7\ From http://www.nass.usda.gov/hi/fruit/annban.htm. Sales of
Hawaiian bananas in 2003 were valued at $9.225 million.
---------------------------------------------------------------------------
The U.S. imported 7,883 million pounds (3,576 million kg) of fresh
bananas in 2003, valued at $959 million.\8\ Ecuador, Costa Rica,
Guatemala, Colombia, and Honduras accounted for 97 percent of the
quantity of imports (table 2). Compared to the 7,883 million pounds of
bananas currently imported, Hawaii's total production of 20 million
pounds is extremely small, and it is not likely that 100 percent of the
State's production would be moved to the mainland United States. Thus,
as long as phytosanitary mitigation by means of the approved treatments
is maintained, the interstate movement of bananas from Hawaii is
unlikely to significantly affect current U.S. trade in fresh bananas.
---------------------------------------------------------------------------
\8\ World Trade Atlas, 2003.
Table 1.--Production Statistics for Bananas and Papayas in Hawaii (2002)
------------------------------------------------------------------------
Item Bananas Papayas
------------------------------------------------------------------------
Bearing acreage (acres)................. 1,300 1,720
Utilized production (1,000 pounds)...... 19,500 45,900
Price (per pound)....................... $0.430 $0.260
Value of utilized production............ \1\ $8.385 \1\ $11.924
Movement to mainland U.S. markets (1,000 \(2)\ 12,000
pounds)................................
------------------------------------------------------------------------
Sources: Hawaii Department of Agriculture (movement statistics) and
National Agricultural Statistics Service.
\1\ In millions.
\2\ None.
Table 2.--Quantity and Value of Fresh Bananas Imported Into the United
States From the Five Major Exporting Countries (2003)
------------------------------------------------------------------------
Quantity Value (million
Country (million kg) U.S. dollars)
------------------------------------------------------------------------
Ecuador............................... 902 237.8
Costa Rica............................ 901 247.5
Guatemala............................. 868 229.1
Colombia.............................. 429 117.7
[[Page 33867]]
Honduras.............................. 388 100.4
------------------
Total imports..................... 3,576 959.3
------------------------------------------------------------------------
Source: World Trade Atlas (2003).
Impact on Small Entities of Proposed Irradiation and Inspection for
Bananas Moved Interstate From Hawaii
Most treatments of Hawaiian bananas are likely to occur at the
existing irradiation facility on the island of Hawaii, which, as noted
previously, is considered a small entity.
Banana farming is classified under NAICS category 111339 as ``Other
Noncitrus Fruit Farming.'' The SBA considers entities in this category
to be small if their average annual receipts are less than $750,000.
The 677 banana farms in Hawaii accounted for annual sales of $8.6
million in total in 2002. Therefore, it is likely that most Hawaiian
banana farms would be classified as small entities under the SBA
criteria. The treatment monitoring program will be mainly operated by
APHIS personnel, and no impact is anticipated on other small entities
and government agencies.
Vapor Heat Treatment for Sweetpotatoes Moved Interstate From Hawaii
We are proposing to allow vapor heat treatment, combined with tuber
cutting and visual inspection, to be used as a treatment for
sweetpotatoes moved interstate from Hawaii. We believe this treatment
would be an effective alternative to the methyl bromide and irradiation
treatments currently prescribed by the regulations to control pests of
concern.
Cost of Vapor Heat Treatment
Hawaii has three packing plants on the Island of Hawaii that
provide vapor heat treatment services. No other vapor heat treatment
plants are currently in operation elsewhere in the State. Since APHIS
has yet to certify a facility for the treatment of sweetpotato by vapor
heat, the costs of treating this crop specifically cannot be determined
with certainty at this time. However, one of the packinghouses
estimated that vapor heat treatment costs could amount to 2 to 3 cents
per pound for the required treatment protocol. This estimate considered
the costs of labor, electricity, water, and sewer service. APHIS has
traditionally certified vapor heat treatment chambers (for example, for
papaya) in the ``fully loaded configuration.'' The costs of treating
sweetpotato in smaller batch loads still have to be determined. This
estimate of treatment cost also does not include a mark-up for the
facility. The mark-up will be determined by the number of plants
providing service and the demand for service.
Cost of APHIS Inspection for Vapor Heat Treatment or Irradiation
Monitoring of quarantine treatments conducted during standard
business hours (weekdays between 8 a.m. and 4:30 p.m.) on the island of
Hawaii comes at no cost to the facility. APHIS charges for the
monitoring of treatments conducted before 8 a.m. and after 4:30 p.m.
and on weekends at a time-and-a-half rate.
Comparison of Vapor Heat Treatment, Irradiation, and Methyl Bromide
Vapor heat treatment would provide the Hawaiian sweetpotato
industry with an alternative treatment to irradiation or methyl bromide
fumigation. If vapor heat treatment could be performed at 2 to 3 cents
per pound, it would constitute the most cost-effective treatment,
compared to irradiation at 15 cents per pound and fumigation costs
ranging from 40.6 cents per pound for 1 pallet to 6.7 cents per pound
for 12 pallets (table 3). (These are treatment costs only and do not
include the costs of APHIS monitoring or inspection activities or
inter-island transportation costs necessary to perform treatments.)
Table 3.--Estimated Per-Unit Cost of Vapor Heat Treatment, Irradiation,
and Methyl Bromide Fumigation
------------------------------------------------------------------------
Per unit
Treatment cost (cents
per pound)
------------------------------------------------------------------------
Vapor heat treatment....................................... 2-3
Irradiation................................................ 15
Methyl bromide fumigation: \1\
One pallet............................................... 40.6
Two pallets.............................................. 20.3
Three pallets............................................ 13.5
Four pallets............................................. 10.1
Five pallets............................................. 8.1
Six pallets.............................................. 6.7
Nine pallets............................................. 7.6
Twelve pallets........................................... 6.9
------------------------------------------------------------------------
\1\ One pallet contains 1,500 pounds of sweetpotatoes.
Sources: Packinghouse estimate (vapor heat treatment); Hawaii Department
of Agriculture (irradiation and methyl bromide fumigation).
The availability of vapor heat treatment thus provides the Hawaiian
sweetpotato industry with an alternative treatment option at a
competitive cost. Furthermore, the vapor heat treatment plants in
Hawaii will benefit if sweetpotatoes are included in the list of
agricultural products to be treated.
Impact of the Proposal on U.S. Sweetpotato Production
Commercial sweetpotato production in Hawaii occurs on the islands
of Hawaii, Kauai, Maui, and Oahu. In 2002, there were 59 sweetpotato
farms,\9\ and the value of sales was $989,000.\10\ The utilized
production of sweetpotatoes in Hawaii was 1.8 million pounds in 2001
(table 4). The crop is in year-round production in Hawaii.
---------------------------------------------------------------------------
\9\ National Agricultural Statistics Service, 2002 Census of
Agriculture.
\10\ From http://www.nass.usda.gov/hi/vegetble/annveg.htm.
Table 4.--Production Statistics for Hawaiian Sweetpotatoes (2001)
------------------------------------------------------------------------
Item Amount
------------------------------------------------------------------------
Harvested acres.............................................. 220
Yield per acre (1,000 pounds)................................ 8.2
Production (1,000 pounds).................................... 1,800
[[Page 33868]]
Farm price (cents per pound) \1\............................. 50
------------------------------------------------------------------------
\1\ The 2001 farm price for sweetpotato was 47.3 cents per pound in
Hawaii, Honolulu, and the Kauai Counties, and 60 cents per pound in
the Maui County (Hawaiian Department of Agriculture).
Source: Hawaii Agricultural Statistics Service.
In the mainland United States, sweetpotato is grown commercially in
Alabama, California, Georgia, Louisiana, Mississippi, New Jersey, North
Carolina, South Carolina, Texas, and Virginia. North Carolina,
Louisiana, Mississippi, and California account for the major proportion
of production area by State (table 5). In total, the United States
produced 1,355 million pounds of sweetpotatoes from 93,500 acres in
2003 (table 6). The Hawaiian sweetpotato production of 1.8 million
pounds thus comprises a minor proportion of the total production of
1,355 million pounds in the United States.
Table 5.--Acres of Sweetpotatoes Planted in the United States (2003)
------------------------------------------------------------------------
Acres
State planted
------------------------------------------------------------------------
North Carolina............................................. 42,000
Louisiana.................................................. 18,000
Missisippi................................................. 14,000
California................................................. 10,100
Texas...................................................... 3,400
Alabama.................................................... 2,900
Others \1\................................................. 3,100
------------
Total.................................................. 93,500
------------------------------------------------------------------------
\1\ Including Hawaii.
Source: Economic Research Service, USDA.
Table 6.--Production and Utilization Statistics for Sweetpotatoes in the
United States (2003) 1
------------------------------------------------------------------------
Item Amount
------------------------------------------------------------------------
Acres planted............................................... 93,500
Three-year average yield (cwt/acre)......................... 150
Production (million pounds)................................. 1,355
Imports (million pounds).................................... 17.0
Exports (million pounds).................................... 53.0
Total utilization (million pounds) \2\...................... 1,148.3
Per capita use (pounds)..................................... 3.9
Three-year average per capita use (pounds).................. 4.0
Current dollars ($/cwt)..................................... 15.75
Constant 1996 dollars ($/cwt)............................... 13.91
------------------------------------------------------------------------
\1\ Estimates are for the total United States, and therefore include
Hawaii. Forecasted estimates are shown.
\2\ Total utilization includes 103 million pounds used for seed and 67.8
million pounds accruing to feed use, shrink, and loss.
Source: Economic Research Service, United States Department of
Agriculture. Acres were obtained from Lucier, G. ``Sweet potatoes--
getting to the root of demand.'' Economic Research Service, USDA,
2002.
The Hawaiian sweetpotatoes intended for the U.S. mainland markets
are of a special purple flesh variety, and they are therefore shipped
to the mainland as a specialty product intended for niche markets. U.S.
mainland consumers could, therefore, benefit from an increased supply
of these specialty sweetpotatoes.
Interstate movement provides Hawaiian growers and shippers with
increased marketing opportunities. Sweetpotatoes are in year-round
production in Hawaii, but some seasonal variation in volume is
expected. Out-shipment to U.S. mainland markets is estimated at 50,000
to 60,000 pounds per week. New plantings of the crop have increased on
the island of Hawaii since irradiation was approved as an alternative
to methyl bromide fumigation in June 2003. However, plantings are
likely to increase each year if the market demand increases for
Hawaiian sweetpotatoes regardless of whether the product is treated by
methyl bromide fumigation, irradiation, or vapor heat treatment.
Nevertheless, even if sweetpotato production increases in Hawaii, the
relative volume of production (1.8 million pounds) remains extremely
small in comparison to the volume of U.S. mainland sweetpotato
production (1.36 billion pounds).
Thus, since Hawaiian production is so small in comparison to U.S.
mainland production, and as long as phytosanitary mitigation by the
approved treatments is maintained, sweetpotato shipments from Hawaii
are unlikely to affect mainland producers. Consumers would benefit from
the availability of the purple-fleshed specialty sweetpotato product,
and the Hawaiian sweetpotato industry would gain opportunities to
expand its mainland U.S. markets.
Impact on Small Entities of Proposed Vapor Heat Treatment of
Sweetpotatoes Moved Interstate From Hawaii
The availability of vapor heat treatment at a competitive cost
could divert some sweetpotatoes moved interstate from Hawaii from the
existing irradiation facility in Hawaii to a vapor heat treatment
facility. This would impact the existing irradiation facility in
Hawaii, which is a small entity. However, it is not known at this time
what proportion of Hawaiian sweetpotatoes moved interstate would be
treated with vapor heat instead of irradiation if this proposal becomes
effective.
On the other hand, vapor heat treatment facilities could benefit if
vapor heat is approved as a treatment for sweetpotatoes moved
interstate from Hawaii. However, since facilities for the vapor heat
treatment of Hawaiian sweetpotatoes have not been certified yet, the
businesses cannot be conclusively categorized into small or large
entities at this time.
Sweetpotato farming is classified under NAICS category 111219,
``Other Vegetables (except Potato) and Melon Farming.'' According to
the SBA's criteria, an entity involved in crop production is considered
small if it has average annual receipts of less than $750,000. The 59
sweetpotato farms in Hawaii accounted for annual sales of $989,000 in
total in 2002. Therefore, it is likely that most of these farms would
be considered small entities according to the SBA criteria. The
monitoring and inspection program will be mainly operated by APHIS
personnel, and no impact is anticipated on other small entities and
government agencies.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
[[Page 33869]]
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 03-077-1.
Please send a copy of your comments to: (1) Docket No. 03-077-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
This proposed rule would revise the approved doses for irradiation
treatment of imported fruits and vegetables by establishing a new
minimum generic dose of irradiation for most arthropod plant pests,
establishing a new minimum generic dose for the fruit fly family,
reduce the minimum dose of irradiation for some specific fruit fly
species, and adding nine pests to the list of pests for which
irradiation is an approved treatment. Furthermore, we are proposing to
provide for the irradiation of fruits and vegetables moved interstate
from Hawaii at the pest-specific irradiation doses that are now
approved for imported fruits and vegetables. We are also proposing to
provide for the use of irradiation to treat fruits and vegetables moved
interstate from Puerto Rico and the U.S. Virgin Islands. Finally, we
are proposing to add irradiation as a treatment for bananas from Hawaii
and to add vapor-heat treatment as an optional treatment for
sweetpotatoes from Hawaii.
These changes would necessitate the use of certain information
collection activities, including the completion of certificates and
limited permits for interstate movement of fruits and vegetables and
the completion of phytosanitary certificates for imported fruits and
vegetables.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.2487 hours per response.
Respondents: Importers and exporters of fruits and vegetables,
irradiation facility personnel, shippers, and State plant regulatory
officials.
Estimated annual number of respondents: 17.
Estimated annual number of responses per respondent: 60.2941.
Estimated annual number of responses: 1,025.
Estimated total annual burden on respondents: 255 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects
7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
7 CFR Part 305
Irradiation, Phytosanitary treatment, Plant diseases and pests,
Quarantine, Reporting and recordkeeping requirements.
7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.
7 CFR Part 319
Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR parts 301, 305, 318, and 319
as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
2. In Sec. 301.64-10, paragraph (g) would be revised to read as
follows:
Sec. 301.64-10 Treatments.
* * * * *
(g) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of part 305 of this chapter, is approved
as a treatment for any fruit listed as a regulated article in Sec.
301.64-2(a).
3. In Sec. 301.78-10, paragraph (c) would be revised to read as
follows:
Sec. 301.78-10 Treatments.
* * * * *
(c) Approved irradiation treatment. Irradiation, carried out in
accordance with the provisions of part 305 of this chapter, is approved
as a treatment for any berry, fruit, nut, or vegetable listed as a
regulated article in Sec. 301.78-2(a) of this subpart.
* * * * *
PART 305--PHYTOSANITARY TREATMENTS
4. The authority citation for part 305 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
[[Page 33870]]
5. Section 305.2 would be amended as follows:
a. By revising paragraph (h)(1) to read as set forth below.
b. In the table in paragraph (h)(2)(ii), under Hawaii, by adding a
new entry, in alphabetical order, for ``banana'' to read as set forth
below.
c. In the table in paragraph (h)(2)(ii), under Hawaii, by revising
the entry for ``sweetpotato'' to read as set forth below.
Sec. 305.2 Approved treatments.
* * * * *
(h) Fruits and vegetables. (1) Treatment of fruits and vegetables
from foreign localities by irradiation in accordance with Sec. 305.31
may be substituted for other approved treatments for any of the pests
listed in Sec. 305.31(a). Treatment of fruits and vegetables from
Hawaii, Puerto Rico, and the U.S. Virgin Islands by irradiation at the
minimum doses listed in Sec. 305.31(a) and in accordance with Sec.
305.34 may be substituted for other approved treatments for any of the
pests listed in Sec. 305.31(a).
(2) * * *
(ii) * * *
----------------------------------------------------------------------------------------------------------------
Location Commodity Pest Treatment schedule
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Hawaii
* * * * * * *
Banana............... Bactrocera curcurbitae, IR.
Bactrocera dorsalis,
Ceratitis capitata,
Coccus viridis.
* * * * * * *
Sweetpotato.......... Euscepes postfasciatus, MB T101-b-3-1 or Sec.
Omphisa anastomosalis, 305.24(k) or IR.
Elytrotreinus
subtruncatus.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
6. In Sec. 305.24, a new paragraph (k) would be added to read as
set forth below.
Sec. 305.24 Vapor heat treatment schedules.
* * * * *
(k) Vapor heat treatment for sweetpotatoes moved interstate from
Hawaii. (1) Temperature probes must be placed in the approximate center
of individual sweetpotato roots.
(2) The air surrounding the sweetpotato roots must be heated. After
the temperature of the air surrounding the sweetpotato roots reaches
87.8 [deg]F (31 [deg]C), its temperature must be incrementally raised
from 87.8 [deg]F (31 [deg]C) to 111.2 [deg]F (44 [deg]C) over a period
of 240 minutes.
(3) Using saturated water vapor at 118.4 [deg]F (48 [deg]C), the
core temperature of the individual sweetpotato roots must be raised to
116.6 [deg]F (47 [deg]C).
(4) After the core temperature of the sweetpotato roots reaches
116.6 [deg]F (47 [deg]C), the core temperature must then be held at
116.6 [deg]F (47 [deg]C) or higher for 190 minutes.
7. In Sec. 305.31, the section heading and paragraph (a),
including the table, would be revised to read as follows:
Sec. 305.31 Irradiation treatment of imported fruits and vegetables
for certain plant pests.
(a) Approved doses. Irradiation at the following doses for the
specified plant pests, carried out in accordance with the provisions of
this section, is approved as a treatment for all fruits and vegetables:
Irradiation for Certain Plant Pests in Imported Fruits and Vegetables
------------------------------------------------------------------------
Scientific name Common name Dose (gray)
------------------------------------------------------------------------
Anastrepha ludens................ Mexican fruit fly....... 70
Anastrepha obliqua............... West Indian fruit fly... 100
Anastrepha serpentina............ Sapote fruit fly........ 100
Anastrepha suspensa.............. Caribbean fruit fly..... 70
Bactrocera jarvisi............... Jarvis fruit fly........ 100
Bactrocera tryoni................ Queensland fruit fly.... 100
Brevipalpus chilensis............ False red spider mite... 300
Coccus viridis................... Green scale............. 400
Conotrachelus nenuphar........... Plum curculio........... 92
Croptophlebia ombrodelta......... Litchi fruit moth....... 250
Cryptophlebia illepida........... Koa seedworm............ 250
Cylas formicarius elegantulus.... Sweetpotato weevil...... 165
Cydia pomonella.................. Codling moth............ 200
Grapholita molesta............... Oriental fruit moth..... 200
Rhagoletis pomonella............. Apple maggot............ 60
Sternochetus mangiferae Mango seed weevil....... 300
(Fabricus).
Fruit flies of the family Tephritidae not listed above..... 150
Plant pests of the phylum Arthropoda not listed above, 300
except pupae and adults of the order Lepidoptera.
------------------------------------------------------------------------
* * * * *
Sec. 305.32 [Amended]
8. Section 305.32 would be amended as follows:
a. In paragraphs (a)(1) and (d), by removing the words ``a minimum
absorbed ionizing radiation dose of 150
[[Page 33871]]
Gray (15 krad)'' and adding the words ``the approved dose for Mexican
fruit fly listed in Sec. 305.31(a) of this subpart'' in their place.
b. In paragraph (e)(2), by removing the words ``150 Gray (15
krad)'' and adding the words ``the approved dose for Mexican fruit fly
listed in Sec. 305.31(a) of this subpart'' in their place.
Sec. 305.33 [Amended]
9. Section 305.33 would be amended as follows:
a. In paragraphs (a)(1) and (d), by removing the words ``a minimum
absorbed ionizing radiation dose of 225 Gray (22.5 krad)'' and adding
the words ``the approved dose for Mediterranean fruit fly listed in
Sec. 305.31(a) of this subpart'' in their place.
b. In paragraph (e)(2), by removing the words ``225 Gray (22.5
krad)'' and adding the words ``the approved dose for Mediterranean
fruit fly listed in Sec. 305.31(a) of this subpart'' in their place.
10. Section 305.34 would be amended as follows:
a. By revising the section heading to read as set forth below.
b. By revising paragraph (a) to read as set forth below.
c. In paragraphs (b), (b)(1), (b)(2)(ii), and (b)(4), by adding the
words ``, Puerto Rico, or the U.S. Virgin Islands'' after the word
``Hawaii'' each time it occurs.
Sec. 305.34 Irradiation treatment of certain fruits and vegetables
from Hawaii, Puerto Rico, and the U.S. Virgin Islands.
(a) Approved irradiation treatment. (1) Commodity-specific doses.
Irradiation, carried out in accordance with the provisions of this
section, is approved as a treatment for the following fruits and
vegetables from Hawaii at the specified dose levels:
Irradiation for plant pests in Hawaiian fruits and vegetables
------------------------------------------------------------------------
Commodity Dose (gray)
------------------------------------------------------------------------
Abiu....................................................... 150
Atemoya.................................................... 150
Bell pepper................................................ 150
Carambola.................................................. 150
Eggplant................................................... 150
Litchi..................................................... 150
Longan..................................................... 150
Mango...................................................... 300
Papaya..................................................... 150
Pineapple (other than smooth Cayenne)...................... 150
Rambutan................................................... 150
Sapodilla.................................................. 150
Italian squash............................................. 150
Sweetpotato................................................ 400
Tomato..................................................... 150
------------------------------------------------------------------------
(2) Pest specific doses. Any fruits or vegetables not listed in
paragraph (a)(1) of this section that are required by 7 CFR part 318 to
be treated or subjected to inspection to control one or more of the
plant pests listed in Sec. 305.31(a) may instead be treated with
irradiation. Fruits and vegetables treated with irradiation for plant
pests listed in Sec. 305.31(a) must be irradiated at the doses listed
in Sec. 305.31(a), and the irradiation treatment must be conducted in
accordance with the other requirements of Sec. 305.34.
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
11. The authority citation for part 318 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Sec. 318.13 [Amended]
12. In Sec. 318.13, paragraph (c) would be amended by removing the
words ``leaves in full force and effect Sec. 318.30 which restricts
the movement from Hawaii, Puerto Rico, or the Virgin Islands of the
United States into or through any other State or certain Territories or
Districts of the United States of all varieties of sweetpotatoes
(Ipomoea batatas Poir.). It also''.
13. Section 318.13-1 would be amended as follows:
a. In the definition of compliance agreement, by removing the words
``Sec. 318.13-3(b), Sec. 318.13-4(b), or Sec. 318.13-4f of this
subpart'' and adding the words ``Sec. 318.13(b) or Sec. 318.13-4(b)
of this subpart or Sec. 305.34 of this chapter'' in their place.
b. By revising the definition of inspector to read as set forth
below.
Sec. 318.13-1 Definitions.
* * * * *
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
* * * * *
Sec. 318.13-2 [Amended]
14. In Sec. 318.13-2, in paragraph (b), the list of articles would
be amended by adding, in alphabetical order, a new entry for
``Sweetpotato (Ipomoea batatas Poir.).''
15. Section 318.13-3 would be amended as follows:
a. Paragraph (b)(3) would be revised to read as set forth below.
b. A new paragraph (b)(4) would be added to read as set forth
below.
Sec. 318.13-3 Conditions of movement.
* * * * *
(b) * * *
(3) Untreated fruits and vegetables from Hawaii may be moved
interstate for irradiation treatment on the mainland United States if
the provisions of Sec. 305.34 are met and if the fruits and vegetables
are accompanied by a limited permit issued by an inspector in
accordance with Sec. 318.13-4(c). Untreated bananas from Hawaii may be
moved interstate for irradiation treatment on the mainland United
States if the provisions of Sec. 318.13-4i(b) are met and if the
bananas are accompanied by a limited permit issued by an inspector in
accordance with Sec. 318.13-4(c). The limited permit will be issued
only if the inspector examines the shipment and determines that the
shipment has been prepared in compliance with the provisions of this
subpart.
(4) Untreated sweetpotatoes from Hawaii may be moved interstate for
vapor heat treatment on the mainland United States if the provisions of
Sec. 318.13-4e are met and if the sweetpotatoes are accompanied by a
limited permit issued by an inspector in accordance with Sec. 318.13-
4(c). The limited permit will be issued only if the inspector examines
the shipment and determines that the shipment has been prepared in
compliance with the provisions of this subpart.
* * * * *
Sec. 318.13-4b [Amended]
16. In Sec. 318.13-4b, paragraph (b) would be amended as follows:
a. By adding the words ``or vegetables'' after the word ``fruits''
each time it occurs.
b. By removing the words ``fruit flies'' and adding the words
``plant pests'' in their place.
c. By adding the word ``sweetpotatoes,'' after the word
``rambutan,''.
17. A new Sec. 318.13-4d would be added to read as follows:
Sec. 318.13-4d Vapor heat treatment of sweetpotatoes from Hawaii.
(a) Vapor heat treatment, carried out in accordance with the
provisions of this section, is approved as a treatment for sweetpotato
from Hawaii.
(b) Sweetpotatoes may be moved interstate from Hawaii in accordance
with this section only if the following conditions are met: \2\
---------------------------------------------------------------------------
\2\ Sweetpotatoes may also be moved interstate from Hawaii in
accordance with Sec. 305.34 of this chapter or after fumigation
with methyl bromide according to treatment schedule T-101-b-3-1, as
provided for in Sec. 305.6(a) of this chapter.
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[[Page 33872]]
(1) The sweetpotatoes must be treated in accordance with the vapor
heat treatment schedule specified in Sec. 305.24.
(2) The sweetpotatoes must be sampled, cut, and inspected and found
to be free of the ginger weevil (Elytrotreinus subtruncatus). Sampling,
cutting, and inspection must be performed under conditions that will
prevent any pests that may emerge from the sampled sweetpotatoes from
infesting any other sweetpotatoes intended for interstate movement in
accordance with this section.
(3) The sweetpotatoes must be inspected and found to be free of the
gray pineapple mealybug (Dysmicoccus neobrevipes) and the Kona coffee-
root knot nematode (Meloidogyne konaensis).
(4)(i) Sweetpotatoes that are treated in Hawaii must be packaged in
the following manner:
(A) The cartons must have no openings that will allow the entry of
fruit flies and must be sealed with seals that will visually indicate
if the cartons have been opened. They may be constructed of any
material that prevents the entry of fruit flies and prevents
oviposition by fruit flies into the fruit in the carton.\3\
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\3\ If there is a question as to the adequacy of a carton, send
a request for approval of the carton, together with a sample carton,
to the Animal and Plant Health Inspection Service, Plant Protection
and Quarantine, Center for Plant Health Inspection and Technology,
1017 Main Campus Drive, suite 2500, Raleigh, NC 27606.
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(B) The pallet-load of cartons must be wrapped before it leaves the
treatment facility in one of the following ways:
(1) With polyethylene sheet wrap;
(2) With net wrapping; or
(3) With strapping so that each carton on an outside row of the
pallet load is constrained by a metal or plastic strap.
(C) Packaging must be labeled with treatment lot numbers, packing
and treatment facility identification and location, and dates of
packing and treatment.
(ii) Cartons of untreated sweetpotatoes that are moving to the
mainland United States for treatment must be shipped in shipping
containers sealed prior to interstate movement with seals that will
visually indicate if the shipping containers have been opened.
(5)(i) Certification on basis of treatment. A certificate shall be
issued by an inspector for the movement of sweetpotatoes from Hawaii
that have been treated and handled in Hawaii in accordance with this
section. To be certified for interstate movement under this section,
sweetpotato from Hawaii must be sampled, cut, and inspected by an
inspector and found by an inspector to be free of the ginger weevil
(Elytrotreinus subtruncatus) and inspected and found by an inspector to
be free of the gray pineapple mealybug (Dysmicoccus neobrevipes), and
the Kona coffee-root knot nematode (Meloidogyne konaensis) before
undergoing vapor heat treatment in Hawaii.
(ii) Limited permit. A limited permit shall be issued by an
inspector for the interstate movement of untreated sweetpotato from
Hawaii for treatment on the mainland United States in accordance with
this section. To be eligible for a limited permit under this section,
untreated sweetpotato from Hawaii must be sampled, cut, and inspected
in Hawaii by an inspector and found by an inspector to be free of the
ginger weevil (Elytrotreinus subtruncatus) and inspected and found by
an inspector to be free of the gray pineapple mealybug (Dysmicoccus
neobrevipes), and the Kona coffee-root knot nematode (Meloidogyne
konaensis).
18. Section 318.13-4f would be revised to read as set forth below.
Sec. 318.13-4f Irradiation treatment of certain fruits and vegetables
from Hawaii.
Irradiation, carried out in accordance with the provisions in Sec.
305.34 of this chapter, is approved as a treatment for the following
fruits and vegetables: Abiu, atemoya, bell pepper, carambola, eggplant,
litchi, longan, mango, papaya, pineapple (other than smooth Cayenne),
rambutan, sapodilla, Italian squash, sweetpotato, and tomato. Any other
fruits or vegetables that are required by this subpart to be treated or
subjected to inspection to control one or more of the plant pests
listed in Sec. 305.31(a) of this chapter may instead be treated with
irradiation. Fruits and vegetables treated with irradiation for plant
pests listed in Sec. 305.31(a) must be irradiated at the doses listed
in Sec. 305.31(a), and the irradiation treatment must be conducted in
accordance with the other requirements of Sec. 305.34.
(Approved by the Office of Management and Budget under control
number 0579-0198)
19. Section 318.13-4i would be amended as follows:
a. By revising the section heading to read as set forth below.
b. By redesignating paragraphs (a), (b), (c), and (d) as paragraphs
(a)(1), (a)(2), (a)(3), and (a)(4), respectively, and by designating
the introductory text of the section as paragraph (a), introductory
text.
c. By adding a new paragraph (b) to read as set forth below.
Sec. 318.13-4i Conditions governing the movement of bananas from
Hawaii.
* * * * *
(b) Bananas of any cultivar or ripeness may also be moved
interstate from Hawaii in accordance with the following conditions:
(1) The bananas are irradiated at the minimum dose listed in Sec.
305.31(a) of this part and in accordance with the other requirements in
Sec. 305.34 of this part for the Mediterranean fruit fly (Ceratitis
capitata), the melon fruit fly (Bactrocera curcurbitae), the Oriental
fruit fly (Bactrocera dorsalis), and the green scale (Coccus viridis)
and are inspected in Hawaii and found to be free of the banana moth
(Opogona sacchari (Bojen)) by an inspector before or after undergoing
irradiation treatment; or
(2) The bananas are irradiated at the minimum dose listed in Sec.
305.31(a) of this part and in accordance with the other requirements in
Sec. 305.34 of this part for the Mediterranean fruit fly (Ceratitis
capitata), the melon fruit fly (Bactrocera curcurbitae), and the
Oriental fruit fly (Bactrocera dorsalis) and are inspected in Hawaii
and found to be free of the green scale (Coccus viridis) and the banana
moth (Opogona sacchari (Bojen)) before or after undergoing irradiation
treatment.
(3)(i) A certificate shall be issued by an inspector for the
movement of bananas from Hawaii that have been treated and inspected in
Hawaii in accordance with this paragraph Sec. 318.13-4i(b). To be
certified for interstate movement under this paragraph, bananas from
Hawaii must be treated, inspected, and, if necessary, culled in
accordance with the requirements of this paragraph prior to interstate
movement from Hawaii.
(ii) A limited permit shall be issued by an inspector for the
interstate movement of untreated bananas from Hawaii for treatment on
the mainland United States in accordance with this section. To be
eligible for a limited permit under this paragraph Sec. 318.13-4i(b),
bananas from Hawaii must be inspected in accordance with the
requirements of this paragraph prior to interstate movement from
Hawaii.
Subpart--Sweetpotatoes [Removed]
20. Subpart--Sweetpotatoes, consisting of Sec. Sec. 318.30 and
318.30a, would be removed.
Sec. 318.58 [Amended]
21. In Sec. 318.58, paragraph (d) would be amended by removing the
words
[[Page 33873]]
``leaves in full force and effect Sec. 318.30 which restricts the
movement from Hawaii, Puerto Rico, or the Virgin Islands of the United
States into or through any other State or certain Territories or
Districts of the United States of all varieties of sweetpotatoes
(Ipomoea batatas Poir.). It also''.
22. In Sec. 318.58-1, the definition of inspector would be revised
to read as set forth below.
Sec. 318.58-1 Definitions.
* * * * *
Inspector. Any individual authorized by the Administrator of APHIS
or the Commissioner of Customs and Border Protection, Department of
Homeland Security, to enforce the regulations in this part.
* * * * *
Sec. 318.58-2 [Amended]
23. In Sec. 318.58-2, in paragraph (b)(2), the list of articles
would be amended by adding, in alphabetical order, a new entry for
``Sweetpotato (Ipomoea batatas Poir.).''
24. A new section Sec. 318.58-4b would be added to read as set
forth below.
Sec. 318.58-4b Irradiation treatment of fruits and vegetables from
Puerto Rico and the U.S. Virgin Islands.
Any fruits or vegetables from Puerto Rico or the U.S. Virgin
Islands that are required by this subpart to be treated or subjected to
inspection to control one or more of the plant pests listed in Sec.
305.31(a) of this chapter may instead be treated with irradiation.
Fruits and vegetables treated with irradiation for plant pests listed
in Sec. 305.31(a) must be irradiated at the doses listed in Sec.
305.31(a), and the irradiation treatment must be conducted in
accordance with the other requirements of Sec. 305.34.
25. A new section Sec. 318.58-4c would be added to read as
follows.
Sec. 318.58-4c Movement of sweetpotatoes from Puerto Rico to certain
ports.
Sweetpotatoes from Puerto Rico may be moved interstate to Atlantic
Coast ports north of and including Baltimore, MD, if the following
conditions are met:
(a) The sweetpotatoes must be certified by an inspector of the
Commonwealth of Puerto Rico as having been grown under the following
conditions:
(1) Fields in which the sweetpotatoes have been grown must have
been given a preplanting treatment with an approved soil insecticide.
(2) Before planting in such treated fields, the sweetpotoato draws
and vine cuttings must have been dipped in an approved insecticidal
solution.
(3) During the growing season an approved insecticide must have
been applied to the vines at prescribed intervals.
(b) An inspector of the Commonwealth of Puerto Rico must certify
that the sweetpotatoes have been washed.
(c) The sweetpotatoes must be graded by inspectors of the
Commonwealth of Puerto Rico in accordance with Puerto Rican standards
which do not provide a tolerance for insect infestation or evidence of
insect injury and found by such inspectors to comply with such
standards prior to movement from Puerto Rico.
(d) The sweetpotatoes must be inspected by an inspector and found
to be free of the sweetpotato scarabee (Euscepes postfasciatus Fairm.).
PART 319--FOREIGN QUARANTINE NOTICES
26. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
Sec. 319.56-2 [Amended]
27. In Sec. 319.56-2, paragraph (k) would be amended by removing
the words ``11 species of fruit flies and one species of seed weevil''
and adding the words ``plant pests'' in their place.
Sec. 319.56-2x [Amended]
28. In Sec. 319.56-2x, the introductory text in paragraph (a)
would be amended by removing the words ``mango seed weevil Sternochetus
mangiferae (Fabricus) or for one or more of the following 11 species of
fruit flies: Anastrepha fraterculus, Anastrepha ludens, Anastrepha
obliqua, Anastrepha serpentina, Anastrepha suspensa, Bactrocera
cucurbitae, Bactrocera dorsalis, Bactrocera tryoni, Bactrocera jarvisi,
Bactrocera latifrons, and Ceratitis capitata'' and adding the words
``plant pests listed in Sec. 305.31(a)'' in their place.
Done in Washington, DC, this 3rd day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-11460 Filed 6-9-05; 8:45 am]
BILLING CODE 3410-34-P